}}{{tnr}}The '''New Hampshire State Court Amendment''' will appear on the [[New Hampshire 2012 ballot measures|November 6, 2012 ballot]] in [[New Hampshire]] as a {{lrcafull}}. The measure would make the chief justice of the state supreme court to be administrative head of all the courts

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}}{{tnr}}The '''New Hampshire State Court Amendment''', also known as '''CACR 26''' or '''Question 2''', is a {{lrcafull}} on the [[New Hampshire 2012 ballot measures|November 6, 2012 ballot]] in [[New Hampshire]], where it was '''defeated'''.

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The proposed amendment would have given the [[New Hampshire Legislature]] a concurrent power to regulate the administrative affairs of the state court by statute. Statute would override a court ruling determined by the chief justice of the [[New Hampshire Supreme Court]] in the event of a conflict. Therefore, the proposed amendment would have limited the chief justice of the state supreme court's ability to be the administrative head of the state court.<ref name="CACR26"> [http://www.gencourt.state.nh.us/legislation/2012/CACR0026.html ''General Court'', "CACR 26 – VERSION ADOPTED BY BOTH BODIES," September 14, 2012]</ref>

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==Election results==

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:: ''See also: [[2012 ballot measure election results]]''

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The following are '''official''' election results:

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{{Short outcome

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| title = New Hampshire CACR 26 (Question 2) (2012)

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| yes = 294,164

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| yespct = 48.84

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| no = 308,094

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| nopct = 51.16

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| image = {{defeated}}

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| unresolved =

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|state = New Hampshire

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}}

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[[Category:Defeated, general, 2012]]

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Results via [http://sos.nh.gov/2012ConConGen.aspx The New Hampshire Secretary of State]

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==Text of the measure==

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===Ballot language===

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The ballot language of the amendment reads as follows:<ref name="CACR26"/>

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{{quote|''Are you in favor of amending article 73-a of the second part of the constitution to read as follows:''

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''[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.''}}

The proposed amendment would have given the New Hampshire Legislature a concurrent power to regulate the administrative affairs of the state court by statute. Statute would override a court ruling determined by the chief justice of the New Hampshire Supreme Court in the event of a conflict. Therefore, the proposed amendment would have limited the chief justice of the state supreme court's ability to be the administrative head of the state court.[1]

Text of the measure

Ballot language

Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.[2]

Path to the ballot

In order for the state legislature to place a proposed constitutional amendment on the statewide ballot, both chambers of the state legislature must approve doing so by a vote in each house of at least 60%. Once any such constitutional amendment is on the ballot, the state's voters must approve it by a 2/3 vote for it to pass.